Why is the teenager accused in Santa Fe shooting facing...

1of12FILE - In this Feb. 25, 2019 file photo Dimitrios Pagourtzis, the Santa Fe High School student accused of killing 10 people in a May 18 shooting at the high school, is escorted by Galveston County Sheriff's Office deputies into the jury assembly room for a change of venue hearing at the Galveston County Courthouse in Galveston, Texas. A judge has ordered Pagourtzis' trial be moved to another county. State District Judge John Ellisor granted Pagourtzis' request for a venue change Wednesday, Feb. 28, 2019. (Jennifer Reynolds/The Galveston County Daily News via AP, Pool)Photo: Jennifer Reynolds, POOL / Associated Press

2of12Remembering the victims of the 2018 Santa Fe High School shootingPhoto: Houston Chronicle

3of12Angelique Ramirez, 15

4of12Jared Black, 17

5of12Santa Fe High School freshman Kimberly Vaughan

6of12Shana Fisher, 16

7of12Substitute teacher Glenda Ann Perkins, 64Photo: Facebook

8of12Substitute teacher Cynthia Tisdale, 63Photo: Facebook

9of12Sabika Sheikh, 17Photo: Fareed Khan, Associated Press

10of12Chris Stone, 17

11of12Christian Riley Garcia, 15Photo: Facebook

12of12Aaron Kyle McLeod, 15Photo: Facebook

The teenager accused in the mass shooting at Santa Fe High School appeared at a closed-door federal court proceeding Monday in Galveston, raising questions from the community and many of the victims' family members about the secrecy.

The short answer is the federal law requires that courts shield juveniles from public hearings unless they are adjudicated adults and federal jurisdiction is established.

Such proceedings are very rare, according to former U.S. Attorney Ken Magidson and Federal Public Defender Marjorie A. Meyers.

Federal prosecutors can initiate federal delinquency proceedings if there are charges that cannot be brought in state court. The prosecutors may also petition the federal court to try a juvenile as an adult, according to the U.S. Code. The historic idea behind such laws is that a youth could not entertain the same intent to commit a crime that a mature adult could, according to a Justice Department summary.

In this case, Katy-Marie Lyles, the state defense lawyer, said the charges the Justice Department informed Dimitrios Pagourtzis' family about involved the use of explosives and firearms. Both of these matters could theoretically include allegations of interstate commerce, where weapons or parts for weapons linked to the attack were purchased across state lines or using a credit card transaction that involved banks in other states.

Pagourtzis, 18, already faces capital murder charges in state court. He was taken into custody and escorted into the federal court by federal agents, where he was likely advised of additional charges he could face, according to several attorneys familiar with federal juvenile proceedings.

Pagourtzis was 17 at the time the shooting occurred last year. Under federal law, that makes him a juvenile, which triggers a series of hearings aimed at protecting minors. According to Lyles, he appeared before a judge along with his parents, immediate family members and a federal public defender. However, the hearing room was not open to media or the public.

The Federal Juvenile Delinquency Act of 1974 encourages prosecutors to refer juveniles to state authorities whenever possible. But federal proceedings are permitted if the Justice Department seeks to pursue charges under laws where the state courts do not have jurisdiction or if state prosecutors decline to use the laws on the books. One instance where it might be used, according to a lawyer familiar with the protocol, is in an immigration matter involving a juvenile.

A recent prosecution in Houston federal court involved a minor convicted of helping two others kill a fellow MS-13 gang member in a national park. Two adults had been charged with the slaying and the third young man proceeded under the juvenile act until he was of age to be prosecuted in federal court. All three men were convicted and sentenced under federal law.

The law for such proceedings only applies to people who are presently under 21 and are charged with a breaking a federal law before the age of 18. Pagourtzis falls into this category.

If a judge approves of federal charges in a case like this, prosecutors do not need to wait until a defendant is 21 to move forward, said a lawyer familiar with the protocol.

Because most criminal acts are encompassed in state laws, it is rare that charges against a juvenile would proceed in federal court.

Federal juvenile delinquency proceedings remain in private to protect the status of a minor. They do not require grand jury indictments, public trials, or jury trials, according to a paper by Charles Doyle, senior specialist in American Public Law at the Library of Congress.

The U.S. district court may transfer a juvenile for criminal trial as an adult following an adjudication under the juvenile act for a violent felony, according to Doyle.

A judge can order or deny federal charges against a juvenile based on "the seriousness of the offense, the age and maturity of the juvenile, the juvenile's prior delinquency record, the results of past rehabilitative efforts, and the availability of existing rehabilitative programs," Doyle wrote.

The idea behind the 1974 law was to help protect children from the stigma of having a criminal conviction and to emphasize treatment and rehabilitation.

Magidson, the former U.S. attorney, said there's no federal facility for juveniles. He said pursing a federal case against a child is a more complex process than a state case.

"We rarely did those," Magidson said. "The reason... it has to do with custody of the defendant in the system. We always referred those to the state...."

He said the grand jury can only hear the evidence if the court allows prosecutors to proceed with charges against an underage defendant as an adult.

Meyers, from the federal public defender's office, said, "It is so rare I can't tell you anything (about what typically happens). The time limits are extremely tight. I literally can't remember the last case we had here."

She said for a case in Laredo the prosecution had to get to trial in 30 days following the defendant's first appearance.

"I literally have not had a trial in a juvenile case in 40 years," Myers said. "Basically, the feds aren't even equipped to deal with juveniles. There are no facilities."

According to a lawyer who is familiar with the federal process under the juvenile act, prosecutors have to prove they have the right person. Next they show that there is a qualifying offense and that there is some inadequacy in another procedure where the feds might more fairly adjudicate the charge. Then the prosecutors have to show that the person should be tried as an adult.

All of these adjudication proceedings for juveniles take place behind closed doors, the lawyer said. Much of it is handled in magistrate court.

If the adjudication is approved, charges can formally proceed through the usual process.

Gabrielle Banks covers federal court for the Houston Chronicle. She has been a criminal justice and legal affairs reporter for nearly two decades, including staff work at the Pittsburgh Post-Gazette and The Los Angeles Times, and freelance work for The New York Times, The Mercury News, Newsday and The Miami Herald. She has a graduate degree in journalism from Columbia University. Before her years as a reporter, she worked as a teacher, social worker and organizer.